Examination of the Aspects of the Right to Food and Food Security in International Documents

Changiz Esfandyai, Bagar Mirabasi
2018 Downloaded from ijmedicallaw.ir at   unpublished
The right to food and freedom from hunger is a part of fundamental human rights and it shall not be suspended under no circumstances even in the hostilities. Since any infringement of the right to food can lead to death from starvation. Different approaches to solve the problem of malnutrition in times of war and peace, including the right to food and food security have been taken. At the moment, the approach of the right to food in international human rights is one of the right tools to solve
more » ... ght tools to solve the problem of hunger and malnutrition in various situations in the world. There are several obligations on states, based on humans' dignity, that require them to provide food and a mechanism for dealing with the violiation of the right to food and compensation for those whose rights have been violated. Also, according to international humanitarian law documents, the use of hunger, destroying the property of the civilians and the denial of humanitarian assistance, particularly in international armed conflicts have been considered as war crimes, genocide and crimes against humanity. The right to petition in case of violation of the right to food has been also recognized through various international institutions such as the International Criminal Court and the Security Council. Examining the history of, and the reationale behind the right to food, this Article argures that the approach to food security due to its opaque and unclear obligations of Member States and the lack of mechanisms for addressing violations of this approach cannot be used as a means for solving the problem of malnutrition, and it should be used as a supplementary tool for achieving the right to food gradually.